The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020 amended the Energy Performance of Buildings (England and Wales) Regulations 2012 on 28 December 2020.
What has changed?
Energy inspections of air conditioning systems must consider the capabilities of the air-conditioning system for combined air-conditioning and ventilation to optimise performance.
Capacity Threshold Triggering the Requirement for Inspections
Directive (EU) 2018/844 on the Energy Performance of Buildings and Energy Efficiency permits EU Member States to raise the aggregate effective rated capacity threshold of air conditioning systems that triggers the requirement for energy inspections.
Although the amending Directive allows this to be increased to 70kW, the existing threshold of 12kW has been retained.
New publications this month:
FORESTRY COMMISSION
Wood packaging material for import and export
This guidance has been updated to reflect rules on the export and import of wooden packaging from 1 January 2021:
Wooden packaging material imported from Northern Ireland to Great Britain will not need to be treated under ISPM.
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
Participating in the UK Emissions Trading Scheme (UK ETS)
Guidance has been launched on participation with the UK ETS, which will operate from 1 January 2021. This follows in the footsteps of the EU ETS, but this cap and trade system will be administered at a UK level.
Complying with the UK Emissions Trading Scheme (UK ETS) as an aircraft operator
UK ETS guidance is provided for aircraft operators.
UK Emissions Trading Scheme (UK ETS): apply for an Emissions Monitoring Plan
Guidance is provided on applying for an emissions monitoring plan, which is required for aircraft operators.
UK Emissions Trading Scheme (UK ETS): Aircraft Operators: apply for free allocation
Guidance is provided on how aircraft operators can apply for free allocations under the UK ETS.
Climate Change Agreements: statutory guidance and Climate Change Agreements: technical annex
Updated guidance is provided on climate change agreement scheme, which has been extended until 31 March 2025.
MacKay Carbon calculator
This calculator allows users to create pathways to find out how the UK might reduce its greenhouse gas emissions to achieve net zero emissions by 2050.
Shipping radioactive sources between the UK and EU
Requirements applicable from 1 January 2021 are described in this document.
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS
Trading CITES-listed specimens through UK ports and airports
Guidance on the movement of live animals and animal products has been updated, to reflect arrangements from 1 January 2021.
BEIS, OFFICE FOR PRODUCT SAFETY AND STANDARDS & DEFRA
Regulations: Timber and FLEGT licences
Guidance on trading in timber and timber-related products has been updated, to reflect arrangements in place from 1 January 2021.
HM REVENUE AND CUSTOMS
Climate change agreements: information to report to HMRC from 1 January 2021
Information is provided on reporting that must be undertaken under climate change agreements from 1 January 2021, where your organisation receives than €500,000 a year in state aid.
ENVIRONMENT AGENCY
Packaging waste: producer responsibilities
Guidance has been updated to reflect packaging recycling targets for 2020 through 2022. This also reflects that no target for recovery of waste will apply from 2021. Guidance for accredited reprocessors or exporters of packaging waste has also been updated accordingly.
Waste quality protocols review
The Environment Agency is reviewing the 13 waste quality protocols. This document confirms the outcomes of reviews to date and details of the programme of ongoing and forthcoming reviews.
Waste: import and export
Guidance on how to undertake the transfrontier shipment of waste has been updated to reflect the impact of the end of the post-Brexit transition period.
Passive dewatering: regulatory position statement
Guidance is given on passive dewatering operations and when these operations do not require a water abstraction licence.
Water cycle studies
Guidance on provided on the preparation of water cycle studies where these are needed to support developments and development plans.
MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT
A guide to air conditioning inspections in buildings
This guidance has been updated to reflect changes to the Energy Performance of Buildings (England and Wales) Regulations 2012.
NATURAL ENGLAND
Trapping wild birds: standard licence conditions (GL33)
This general licence has been updated. Conditions specified must be followed to trap wild birds during 2021.
MARINE MANAGEMENT ORGANISATION (MMO)
Marine Licensing: impact assessments
This guidance, which concerns how to undertake impact assessments in support of marine licence applications, has been updated to reflect the impacts of the UK’s departure from the EU.
Unlicensed waste operator ordered to pay fines and costs
A man has been found guilty of waste offences in his absence.
The man was directed to stop by a multi-agency operation staged at Buzz Bingo in Nottingham on 26 September 2019. The man was driving a Ford transit flatbed vehicle at the time of the stop.
Officials found that the vehicle was carrying waste including a tree stump, branches, plastic wrapping, a fence panel and concrete and rubble.
The defendant was given a letter advising him to register as a waste carrier within 10 days. However, a further check on the database on 14 October 2019 showed that no records of a registration had taken place.
Breach
The man was found guilty of breaching Section 1(1) of the Control of Pollution (Amendment) Act 1989.
Penalty
The man was fined £1,100, ordered to pay costs of £2,107.84 and a victim surcharge fee of £110.
Man fined after hindering probe into illegal waste in Kent
A building contractor has been convicted after failing to provide assistance to a criminal investigation.
The man came to the attention of the Environment Agency when the regulator was looking into the illegal dumping of thousands of bales of mixed waste in a warehouse in Kent.
Information obtained by the investigating officers led them to believe the man was likely to hold documents that would assist the wider enquiry.
The Environment Agency wrote to the man in 2019, asking him to supply the papers. Two weeks were given to respond, but the man did not make contact with officers.
When the deadline to reply passed, officers sent a second letter, repeating their request. However, despite the letter clearly stating failure to respond was obstruction and could result in prosecution, officers heard nothing back.
Investigators left a contact card at the man’s address at the end in September 2019, almost 2 months after first trying to make contact with him. This request was also ignored.
A further visit took place in October, when officers were finally able to speak to the man. He was given a copy of the original letter and told the seriousness of the matter, and the importance of responding to the officers’ request. However, he still failed to make any contact with the agency or provide the requested information.
The man was fined £660 for ‘failing to provide facilities or assistance or any information or to permit any inspection’ in relation to a criminal investigation. He was also ordered to pay the Environment Agency’s full legal and investigation costs of £2,793.93 and a victim surcharge of £66.
Waste crime offender ordered to pay £2.1 million following confiscation case
A convicted waste crime offender has been ordered to pay more than £2 million following a confiscation case brought by the Environment Agency.
The man had previously received a 26-month custodial sentence in May 2018 for operating an illegal waste site at Ridgeway Park Farm near Pershore between 2011 and 2014. He was initially prosecuted for 6 offences where waste totalling about 25,000 cubic metres was either dumped, buried or burned at the farm.
Worcester Crown Court heard that the defendant had grown his business and had invested in various properties, land and cars. He also owned a large selection of expensive items of heavy plant hire which he hired, bought and resold.
The Judge ruled that a Trust set up by the defendant was a sham and that money held in a bank account operated by the Trust, along with a property, formed part of his criminal benefit. The Judge also determined that Bruce had used a bank account operated by a proxy company to hide his ongoing unlawful activity and used it as he would his own business accounts.
Confiscation
The offender was ordered to pay £2,101,708.
The man has been given 3 months to pay and will face 7 years in jail if he fails to do so.
